MINISTRY
OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
12/2011/TT-BTC
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Hanoi, January 26, 2011
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CIRCULAR
AMENDING THE MINISTRY OF
FINANCE’S CIRCULAR NO. 84/2008/TT-BTC OF SEPTEMBER 30, 2008, GUIDING A NUMBER
OF ARTICLES OF THE LAW ON PERSONAL INCOME TAX, AND AMENDING THE MINISTRY OF
FINANCE’S CIRCULAR NO. 02/2010/TT-BTC OF JANUARY 11, 2010, ADDITIONALLY GUIDING
THE MINISTRY OF FINANCE’S CIRCULAR NO. 84/2008/TT-BTC OF SEPTEMBER 30, 2008
Pursuant to Personal Income
Tax Law No. 04/2007/QH12 on November 21, 2007;
Pursuant to Decree No. 100/2008/NĐ-CP issued by the Government on September 08,
2008 stipulating details of some articles in Personal Income Tax Law;
Pursuant to Law No. 47/2010/QH12 on Credit Institutions on June 16, 2010;
Pursuant to Decree No. 71/2010/NĐ-CP issued by the Government on June 23, 2010
stipulating details and providing guidelines on the implementation of the
Housing Law.
Pursuant to Decree No. 118/2008/NĐ-CP issued by the Government on November 27,
2008 stipulating functions, duties, rights and organizational structure of the
Ministry of Finance;
The Ministry of Finance provides guidelines to change Circular No.
84/2008/TT-BTC on September 30, 2008 and Circular No. 02/2010/TT-BTC on January
11, 2010 issued by the Ministry of Finance as follows:
Article 1. Changing some
points in Circular No. 84/2008/TT-BTC on September 30, 2008 as follows:
1. Changing Point 3.5, Item II,
Part A as follows:
"3.5. Income received from
interests of bonds, commercial notes, and other promissory notes issued by
domestic organizations (including foreign organizations duly established and
operating in Vietnam), except for income from interests of bonds issued by the
Vietnamese government and income from interests of deposits stipulated in Point
7, Item III, Part A of this Circular".
2. Changing Point 7, Item
III, Part A as follows:
"7. Income from interests
of deposits at banks, credit institutions; interests from life insurance
policies.
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7.2. Interests from life
insurance policies are those received by individuals from life insurance policies
of insurance companies.
7.3. Ground for defining
tax-free income of the above interests:
- Income being interests of
saving books (savings cards), certificates of deposit, term promissory notes,
commercial notes and other promissory notes shall be based on the principle
that principals and interests are fully paid to depositors as agreed.
- Income being interests of life
insurance policies shall be based on interest payment documents of life
insurance policies".
Article 2. Amending some
Articles of Circular No. 02/2010/TT-BTC issued by the Ministry of Finance on
January 11, 2010 as follows:
1. In Article 2, replacing the
paragraph: "For individuals who have already possessed houses, housing
land and now transfer capital contribution contracts for land plot/apartment
purchasing rights or transfer land plot/apartment purchasing contracts, their
income arising from such transfer activities shall not be exempted from
personal income tax" with the paragraph: "For individuals who have
already possessed houses, housing land and now transfer contracts for trading
houses to be established in the future, their income arising from such transfer
activities shall not be exempted from personal income tax".
2. In Article 2, replacing the
paragraph: "capital contribution contracts for land plot/apartment
purchasing rights" with the paragraph: "contracts for trading houses
to be established in the future".
3. At Point 3.5.3.(b), Article
5, deleting the paragraph: "For individuals transferring capital
contribution contracts for land plot/apartment purchasing rights, the
purchasing price is based on capital contribution documents and any other
invoices, documents justifying related expenses. Expenses relating to real
estate transfer include interests paid to credit institutions for real estate
purchasing loans. If only part of the capital is contributed (capital not fully
contributed under the contract), the purchasing price shall be defined as
follows:
Purchasing
price
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Total
capital to be contributed under the contract
-
Unpaid
capital (not submitted)
+
Any
other related expenses
4. Replacing Article 6 with the
new Article 6 as follows:
"Article 6. Adding Point
2.5.5 into Point 2.5, Item II, Part D as follows:
2.5.5. Procedures for declaring and
submitting personal income tax for transferring contracts for trading houses to
be established in the future:
a) Households, individuals
transferring contracts for trading houses to be established in the future shall
declare and submit personal income tax at the local Tax Agency where the
property is transferred or at organizations, individuals authorized by the tax
agencies for tax collection. Tax declaration file includes:
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- The contract for trading the
house to be established in the future signed with Grade I, Grade II project
owners or project owners' real estate trading floors.
- Personal income tax
declaration form No. 11/KK-TNCN (Issued in attachment to Circular No.
62/2009/TT-BTC issued by the Ministry of Finance on March 27, 2009). At Item
(04) on the declaration form, the contract for trading the house to be
established in the future shall be reflected, instead of the land use right or
the house ownership certificate.
b) In order to facilitate
individuals transferring contracts for trading houses to be established in the
future to declare and submit tax; based on the actual situation at the
locality, the tax agency shall decide to authorize house trading organizations,
individuals (owners of housing, Grade I, Grade II urban zone projects, and real
estate trading floors) to collect personal income tax. Tax collection
authorization orders, procedures and remunerations shall comply with
regulations of the Tax Management Law.
c) For households, individuals
transferring contracts for trading houses to be established in the future, if
the transfer price written on the transfer contract and in the tax declaration
form are not in accordance with market prices, the tax agency shall fix the
transfer price for taxation purpose after consulting (according to Working
Minutes) prices at real estate trading floors of project owners or the trading
floor where the property is transferred.
Taxable income for transferring
contracts for trading houses to be established in the future shall be defined
as (=) Total transfer price based on the trading floor prices minus (-) Total
purchase price written on the contract for trading the house to be established
in the future. The tax rate applicable for transfer activities of contracts for
trading houses to be established in the future shall be 25%.
In case the trading floor prices
are unable to be defined, a tax rate of 2% on the total purchase price written
in the contract for trading the house to be established in the future shall be
applied.
d) Besides papers in the tax
declaration file as explained in Circular No. 84/2008/TT-BTC issued by the
Ministry of Finance on September 30, 2008, Circular No. 161/2009/TT-BTC issued
by the Ministry of Finance on August 12, 2009 and in this Circular; the tax
agency shall not be permitted to ask for any additional papers from real estate
transferring households, individuals.
Article 3. Organization
of implementation:
1. The Circular comes into
effect 45 days after its signing date. Guidelines on personal income tax
contradictory to this Circular are annulled.
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To:
- Prime Minister, Deputy Prime Ministers;
- Central Office and Committees of the Party;
- State Presidential Office, National Assembly;
- National Council and National Assembly
Committees;
- Ministries, Ministerial Agencies, agencies under
Government;
- Central Steering Committee for Corruption
Prevention and Fighting;
- Supreme People's Procuracy;
- Supreme People's Court;
- State Auditors;
- Vietnam Central Fatherland Front;
- Central agencies of social organizations;
- People's Councils, People's Committees, Services of Finance, Tax Services
of provinces and cities under the Central government;
- National Gazette;
- Legal Document Checking Department (Ministry of Justice);
- Government website;
- Units under the Ministry of Finance;
- Website of the Ministry of Finance;
- Archives: VT, TCT (VT, TNCN).
FOR
AND ON BEHALF OF THE MINISTER VICE MINISTER
Do Hoang Anh Tuan